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Brinda Karat protests NHRC’s decision to close Latehar lynching case

Thu, 08 Nov 2018 09:47:37 +0000

The CPI (M) politbureau member wrote to the Chairperson of the National Human Rights Commission strongly protesting the closure by the NHRC of the complaint she had made in 2016 related to the mob lynching of a 12-year-old boy Imtiaz Khan and his uncle M. Ansari.

New Delhi: Brinda Karat, Polit Bureau member of the CPI(M) has written a letter to the Chairperson of the National Human Rights Commission strongly protesting the closure by the NHRC of the complaint she had made in 2016 related to the mob lynching of a 12-year-old boy Imtiaz Khan and his uncle M. Ansari in the Latehar district of Jharkhand. “The NHRC is failing in its duty to protect the human rights of the families of the victims in this case,” she said.

The duo was thrashed and hanged to die on a tree in a nearby forest in Latehar, Jharkhand in 2016. It was suspected that cow vigilantes had murdered them when the two were travelling to a cattle fair to sell a batch of oxen. The accused were let off despite eyewitness accounts.

“It is extremely disappointing to learn that the Commission has closed the said case concerning the compensation for the next kin of M. Ansari and Imtiaz Khan, who were victims of brutal lynching case in Latehar, Jharkhand. The Rs. 1 lakh compensation offered to the families is an affront to justice and, therefore, it was not taken by the family,” Karat’s letter read. The letter was sent to NHRC on Oct 27.

Besides asking for the compensation amount to be increased, Karat questioned NHRC’s blind trust that the family of victims had accepted their report. “Considering that the Commission itself has taken two years to enquire into the case, it is unfair that simply because the family has not answered within four weeks you closed the case. There may be valid reasons such as migration for work etc., which made it difficult to respond within the stipulated time. It certainly does not mean that the Commission can take for granted that the family has accepted this report,” she wrote.

Full text of the letter:

This is with reference to the letter dated 27.10.2018, Case No. 494/34/22/2016 received by me from the National Human Rights Commission, Law Division.

It is extremely disappointing to learn that the Commission has closed the said case concerning the compensation for the next kin of M. Ansari and Imtiaz Khan, who were victims of brutal lynching case in Latehar, Jharkhand. The Rs. 1 lakh compensation offered to the families is an affront to justice and, therefore, it was not taken by the family. Surely, the job of the National Human Rights Commission is to ensure fair compensation for families who have been torn apart by brutal lynchings as in these two cases. It is shocking that the NHRC has not insisted that the meagre amount of Rs. 1 lakh offered by the Jharkhand Government should be increased.

Secondly, the case has been closed saying that the family did not respond within four weeks of your sending the report. Considering that the Commission itself has taken two years to enquire into the case, it is unfair that simply because the family has not answered within four weeks you closed the case. There may be valid reasons such as migration for work etc., which made it difficult to respond within the stipulated time. It certainly does not mean that the Commission can take for granted that the family has accepted this report.

I request you to reconsider the matter to ensure that the victims’ families are given adequate compensation and justice.

Read Also:
Latehar Lynching: A Saga of Cover-up, Political Connections and Police Negligence
Jharkhand: Justice a Distant Dream for Latehar Lynching Victims
How Jharkhand Police sabotaged the Latehar Lynching Case

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Latehar Lynching: A Saga of Cover-up, Political Connections and Police Negligence

Thu, 26 Jul 2018 08:40:55 +0000

The prime accused of the case has not even been arrested till date.

Two cattle traders – Mazloom Ansari (32) and Imtiaz Khan (11) – were thrashed and when they fell unconscious, they were hanged from a tree in a nearby forest at Jhabar village in Latehar district of Jharkhand on March 18, 2016. It was the first case of mob lynching in the state in the name of cow.

The victims were waylaid when they were on their way to a cattle fair to sell off their last batch of eight oxen to a cattle fair in Chatra district, and start a new business as they had been reportedly threatened for running the cattle trading business.
The incident took place exactly five months after Mohammad Akhlaq, a resident of Uttar Pradesh’s Dadri, was lynched to death by a murderous mob for allegedly having beef in his house.

Despite eyewitness’ accounts, a positive post-mortem report, confessional statements and corroborative evidence, the Jharkhand police appears to be unable to prosecute people who killed the two in the wee hours on the fateful day. The victims’ families alleged that the cops are “sabotaging” an open and shut case of murder.

At least three people saw the ghastly incident being committed. They are Azad Khan (father of deceased victim Imtiaz), Munauwar Ansari (the younger brother of Mazloom) and Mohammad Nizamuddin.

Azad Khan and Mohammad Nizamuddin were business partners of Mazloom, and were cattle traders dealing in oxen, which are often used to plough the fields.

Both victims’ families claimed that the mob lynching was a pre-planned case and not a spontaneous incident.

“Arun Sao and Bunty Sao (the accused) had come to our house to warn my husband who was bathing at that time. They told him to stop trading cattle else they would kill him,” Mazloom’s wife Saira Bibi told Newsclick.

A devastated Saira further said, “They had threatened him earlier as well. As therefore, my husband and his partners had decided to sell off the oxen purchased from another fair and start some other business.”

Azad, at that time, had suffered a fracture and therefore had asked his 11-year-old son to accompany his partner, Mazloom, to the cattle fair to sell off the oxen they owned. With a herd of cattle, the duo opted for the walk to the fair even before sunrise.

“Soon after they left with the herd, we got informed about the duo being picked by few men, who took both Mazloom and my son to the Chandwa forest. I rushed to the forest area. I spotted the oxen unattended at the main road near Jhabar. I proceeded towards the forest, and heard my son screaming for help. When I went closer, I saw an angry mob mercilessly thrashing Imtiaz and Mazloom. The attackers were so violent that I could not gather the courage to go and at least try to save them. I hid myself in the bushes and the fear that they could also kill me made me helplessly watch my son and Mazloom falling unconscious. They were then hanged from a tree,” narrated Azad in a chocked voice.

He detailed the same in his deposition at the court in January 2017.

After Azad, Nizamuddin separately reached the spot who dialled Munauwar

– Mazloom’s younger brother who was at home. He too rushed to the spot.

The three eyewitnesses filed a first information report (FIR), in which Azad specified one Vinod Prajapati as the prime accused, along with 12 of his associates, who formed the lynch mob. Prajapati is said to be a local BJP leader.

During investigation, the police identified unnamed accused and arrested eight of them who later managed to get bail from the Jharkhand High Court even before the filing of the chargesheet. However, Prajapati – the only named and prime accused in the case – has not even been arrested till date. He, in fact, is not even standing trial even though the other eight men, not named in the FIR, are.

There are allegations that the police did not investigate the ghastly crime professionally, based on the accounts and testimonies of the eyewitness. The cops – said the eyewitnesses – also failed to slap appropriate charges against the accused thereby considerably weakening the case. And as a result, the accused could secure bail.

“The Police never arrested the prime accused Prajapati. And even before filing the chargesheet, the accused managed to get a bail from the Jharkhand High Court,” Abdul Salam, the counsel for Mazloom and Imtiaz, told Newsclick. Significantly, this case, where an 11-year-old had been lynched to death, did not seem enough to have the trial in a fast track court. “I prayed several times before the judges to shift the case to a fast-track court, but they never paid heed to our request,” he added. The bail has further boosted the morale of the accused, and they have allegedly further threatened Azad, one of the prime witnesses in this case.

Besides the powerful eyewitness accounts and other testimonies of the family members, the other substantial piece of evidence that should help in adequately establishing the crime are the post-mortem reports. In both cases, the autopsies clearly suggest the victims were brutally set upon before they were hanged. Indeed, Dr Laxaman Prasad and Dr SK Singh, both government doctors who conducted the autopsies, explicitly wrote in their remarks that “long, hard, rod like, blunt” weapons were used to inflict injuries.
‘Cover-up’ begins with FIR

The failures of the police, deliberate or otherwise, began as soon as the crime ended. It is stunning that though the crime occurred between 3.30 am and 6 am, the police registered the FIR nearly 17 hours later, at 10.47 p.m. Incredibly, even the post-mortem was done before the FIR was registered. Nowhere does the FIR explain this delay.

During the trial that started in August 2016, neither the prosecution nor the presiding judge expressed any concern over this lapse or asked for an explanation. The response of the police to Nizamuddin’s statement is nothing short of negligence.
Startling confessions

The chargesheet filed in May 2016 included elaborate confessions from all the eight accused. Not only did they detail the crime, they also detailed their actions hours prior to the murders, establishing that the crime was premeditated. And yet, despite the fact that under the Indian Evidence Act, a confession made to a police officer is not admissible as evidence, the police made no effort to get these confessions recorded before a magistrate under Section 164 of the Criminal Procedure Code (CrPC), which would have made them
admissible as evidence.

The police reply
Asked how the accused managed to secure bail and why justice is being delayed in the Latehar case, Additional Director General Jharkhand Police RK Mallick, who is also the spokesperson of the state police, told Newsclick, “Bail is a normal process and a right of accused. However, eventually, you will see the accused getting punished. In at least three of the lynching cases (Ramgarh, Bokaro and Jamshedpur) in Jharkhand, the police have ensured justice and the accused have been punished by the trial court.”

When asked why the prime accused is still on the run, he said sometimes it takes time to nab the culprits. “We are determined that no culprit will be let go scot free. We are trying our best and the perpetrators will be caught,” he added.

Justice delayed is justice denied
However, Mazloom’s widow Saira wants the justice to be delivered fast. “With five children to take care of, the court case is consuming too much of her time and energy. I want that we get justice fast. My husband was hanged; I want his killers to be hanged to death,” she said.

But, the way the case has been moving so far, getting justice seems to be a mammoth of a task for the victim’s family. Primarily, because the accused have a strong political connection, reportedly. According Mazloom’s brother Munauwar, “The prime accused had hosted Jharkhand’s Chief Minister Raghubar Das at his residence, just a few days prior to the gruesome mob lynching that he led.”

“Also, Vishal Tiwari, a para-teacher who is accused of being one of the killers, has been initially suspended from his job, but two years later, he is back to work,” said Munauwar adding that “we had written to Deputy Commissioner and education department officials, but they are yet to take notice of our complaint”.

(This is the second story of our series on lynching cases reported from Jharkhand)

First Published on Newsclick.in

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Jharkhand: Justice a Distant Dream for Latehar Lynching Victims

Wed, 18 Jul 2018 05:09:19 +0000

All the accused are now out on bail and the case against them is moving at a snail’s pace. A Newsclick team met the family of the Mazloom Ansari.

Two cattle traders, Mazloom Ansari (35) and Imtiaz Khan (11), were abducted in Latehar in March 2016, beaten mercilessly and strung from a tree after they fell unconscious. The victims were waylaid while they were walking eight oxen to sell at a cattle fair. All the accused are now out on bail and the case against them is moving at a snail’s pace. A Newsclick team met the family of the Mazloom Ansari. A report by Tarique Anwar and Kushal.

The post Jharkhand: Justice a Distant Dream for Latehar Lynching Victims appeared first on SabrangIndia.

How Jharkhand Police sabotaged the Latehar Lynching Case

Mon, 02 Apr 2018 12:07:22 +0000

An independent investigation by journalist Ajit Sahi has brought to light several instances of police negligence and even outright sabotage in connection with investigations into the hanging of Mazloom Ansari (32) and Imtiaz Khan (12) in Latehar, Jharkhand in March 2016. The report titled Hanged by Gaurakshaks, Denied Justice by the State was released in New Delhi on Monday April 2, 2018. Here are the findings of the report.

According to the report Ansari, a livestock trader and Imtiaz, his business partner’s son, were walking 8 oxen to a cattle fair for the purpose of selling them on March 18, 2016. But they were waylaid en route, beaten mercilessly and hanged from a tree in a manner reminiscent of lynchings of Black, Latino and Native American people by White Supremacists.

According to the report there are three indisputable facts:

At least three people saw the crime being committed
The eye witnesses knew at least some of the witnesses by face and name
The assailants had previously threatened to kill Ansari if he did not stop trading in cattle

Eyewitness Accounts

Eyewitnesses include family members Manowar Ansari (Mazloom’s younger brother) and Azad Khan (Imtiaz’s father) who watched in horror from a distance, hiding behind some bushes. Mohammed Nizamuddin, Ansari and Khan’s business partner was following Mazloom and Imtiaz on a bike but fell behind a bit before the duo was ambushed and abducted.

In his deposition before the court Manowar identified by name five of the eight accused. He recognised the other three but did not know their names. Azad had broken his leg and left on his motorcycle shortly after Mazloom and Imtiaz left on foot with the cattle. He told the court that after sometime he came across the oxen grazing but their was no sign of Mazloom or Imtiaz. He heard his son’s screams and rushed in the direction of his voice. He saw the assailants first assaulting Mazloom and Imtiaz and then hanging them.

Nizamuddin not only corroborated the sequence of events as told by Azad and Manowar, but also said he saw Vinod Prajapati, a local BJP leader standing by the oxen. Prajapati gave a call to his men and said the they should catch Nizamuddin as he was the real trader, upon hearing which Nizamuddin fled on his bike and telephoned Manowar.

Other Testimonies

Other powerful testimonies came from Imtiaz’s mother Najma Bibi who told the police that her son had given her the names of the eight accused and said they had been threatening him with murder if he did not stop his trade. Mazloom’s widow Saira Bibi also told the police how several men had visited their home a month and a half before the murder and openly threatened her husband. The names she gave matched those who were subsequently arrested. Saira’s father Naimuddin also named the eight accused as people who had previously threatened Mazloom.

The Autopsy Report

The autopsy reports corroborate the fact that the victims had been mercilessly beaten with “long, hard, rod like blunt” weapons. The cause of death was given as “asphyxia caused by hanging.” The ligature marks on their necks were said to be caused by a “rope or rope like” thing.

How the Police Sabotaged the Case

The crime took place between 3am and 6am, yet the FIR was lodged 17 hours later. Interestingly, the autopsies were conducted even before the FIR was registered.
The FIR says police first became aware of the crime through Nizamuddin at 11am, but oddly enough they had recorded his statement at 9:30am. Meanwhile Manowar maintains the that police arrived on the crime scene at 7am and although he told them everything, they did not make any notes.
BJP leader Vinod Prajapati was named in the FIR, but even after two years he has neither been arrested nor questioned. Police did not pursue the matter saying there was no evidence against him
The other accused also confessed to their crimes before the police, however, no effort was made to record these confessions in the presence of a magistrate, thereby rendering them useless.
The prosecution failed to build a strong case allowing the accused to get bail in a murder case! Even more interestingly no effort has been made to appeal against the bail granted to the accused.
Finally, police did not book the accused under several stringent charges that are applicable in this case such as Sect 120 (B) of the CrPC for Criminal Conspiracy, Sec 362 (Abduction), Sec 153 (A) for Promoting Enmity on Religious Grounds and Sec 396 for Committing Dacoity with Murder, among others.

The entire report may be read here:

The report is endorsed by:
Alliance for Justice and Accountability, New York • Citizens for Justice and Peace, Mumbai • Dalit American Coalition, New York • Indian American Muslim Council, Washington D.C. • Jamia Teachers’ Solidarity Association, New Delhi • National Alliance of Peoples’ Movements, New Delhi • Rihaee Manch, Lucknow • South Asia Solidarity Group, London • South Asian Solidarity Initiative, New York • The Quill Foundation, New Delhi • United Against Hate, New Delhi

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Live – Latehar Hangings: Exposé on Jharkhand Police

Mon, 02 Apr 2018 11:42:59 +0000

An independent investigation reveals how the case against gau rakshaks has been weakened.

The post Live – Latehar Hangings: Exposé on Jharkhand Police appeared first on SabrangIndia.